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was submitted that „legitimate expectation‟ includes
expectation which goes beyond legal right provided it has
some reasonable basis: See Attorney General of Hong
Kong v Ng Yuen Shiu [1983] 2 AC 629.
[32] In Council of Civil Service Unions & Ors v Minister
for Civil Service [1985] 1 AC 374 Lord Fraser of Tullybelton
said:
“But even where a person claiming some benefit or privilege has
no legal right to it as a matter of private law, he may have a
legitimate expectation of receiving the benefit or privilege, and,
if so, the Courts will protect his expectation by judicial review as
a matter of public law”.
[33] Lord Diplock, in the same case at page 408 said that
for a legitimate expectation to arise the decision must affect
the other person either:
(a) by altering rights or obligations of that person which are
enforceable by or against him in private law; or
(b) by depriving him of some benefit or advantage which
either (i) he had in the past been permitted by the decision
maker to enjoy and which he can legitimately expect to be
permitted to continue to do until there has been
communicated to him some rational grounds for
withdrawing it on which he has been given an opportunity
to comment; or (ii) he has received assurance from the
decision – maker will not be withdrawn without giving him
an opportunity of advancing reasons for contending that
they should not be withdrawn”.
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